State v. . Jenkins
Supreme Court of North Carolina
IndictmeNT against the prisoner and others for burning a mill (under chapter 228, acts 1874-75,) removed from Caldwell and tried at Spring Term, 1880, of Catawba Superior Court, before Gilmer, J. The act of assembly makes the offence a felony punishable by imprisonment in the penitentiary. The case is sufficiently stated in the opinion. Yerdict of guilty, judgment, appeal by defendant.
1Opinion of the CourtRueeiN, J.
There were many exceptions taken by the prisoner on the trial below, but it is necessary that we should notice but one, which is decisive of his case, and clearly entitles him to a new trial.
The judge below after finishing his charge late in the afternoon, committed the case to the jury, and being about to leave the court room, inquired of the prisoner’s counsel if the clerk of the court might receive the verdict, and the counsel not assenting, no instructions to that effect were given. About eleven o’clock at night the jury having, agreed upon their verdict, of their own head and -without…
2Cases cited4 opinions
- State v. . JohnsonSupreme Court of North Carolina · 1876
- State v. . BassSupreme Court of North Carolina · 1880
- State v. . BraySupreme Court of North Carolina · 1872
- State v. . BullockSupreme Court of North Carolina · 1869
3Cited by16 opinions
- State v. HuffSupreme Court of North Carolina · 1989
- State v. BuchananSupreme Court of North Carolina · 1991
- State v. KellySupreme Court of North Carolina · 1887
- Sherrod v. StateMississippi Supreme Court · 1908
- State v. . JacobsSupreme Court of North Carolina · 1890
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